so call now to choose a u-verse triple-play bundle for just $79 a month. get the same great price for two years. plus switch and get a total home dvr included for life. why wait? call today. [ male announcer ] choose at&t and build your bundle. it's whatever works for you. ♪ good afternoon, i'm dan ashley. >> i'm carolyn johnson. reports major league baseball is suggesting a's play in san francisco at at and t park, temporarily have fans on both sides of the bay scratching their heads. >> two years of negotiations between a's and oakland coliseum authority have yet to yield a lease extension. >> abc7 news reporter laura anthony is live with the story for us. laura? >> reporter: apparently major

league baseball felt it's time to exert pressure on both sides, something eliciting a rare commitment to oakland. at least in the short term, for managing partner lou wolf. >> they're looking at options. >> reporter: coliseum authority commissioner confirms major league baseball has suggested the a's might play at at and t park. if a lease deal doesn't get done, soon. dobins says it's unlikely an a's move would happen. >> we're confident we're going to get the lease done so we're never going have to use that possibility going across the bay to san francisco. >> despite the pledge to permanently move the team, a's owner lou wolf expressed optimism. a short-term lease deal would be sdun soon the a's release this statement, we intend to extend our lease and look forward to another great season. die-hard fans have

split opinions on whether staying green and gold would be okay. >> i would be actually okay with it. just because i love at and t park. i love how beautiful it is in there. >> i've been at the coliseum since i'm two. it's home. i want them to stay here. i don't want them to move to san jose or fremont. >> reporter: the board is expected to vote at the next meeting november a15th on a lease extension keeping a's for two more years. in oakland abc7 news. >> we've received hundreds of posts about pbl stadium sharing idea. michelle says no a's in san francisco. keep a's in oakland nochlt 1 wants to drive to sf to see a game. bart not close, etc. jesse moore wrote relax people, it's just a park. when yankees played in shea, let the a's build a park so we can

stop hearing about it. love to hear from you. you can join in on the conversation. go to our facebook page. family of 13-year-old andy lopez filed a civil rights lawsuit today over his death. he was shot and killed by a sheriff's deputy. carrying an air rifle that looked like an assault rifle when deputy eric gelhaus shot him. the lopez family autopsy says the first shot killed lopez. we heard from his father. >> what i want to say is that we want justice. and also, we want an honest investigation oochlt there should be no doubt in anyone's mind that the person he was approaching, that the kid he called out a command to was just that. a kid.

>> rallies against the shooting continued today. pro testers asking for gelhaus to be charged with murder. attorneys have not commented on the lawsuit but gelhaugs's lawyer says he did believe the weapon was real we streamed the news conference on our new abc7 news app. you can get updates on this story any time on our app. just go to abc7 news.com slash app for details. >> operations at los angeles international airport are back to normal today. >> tsa officer gerardo hernandez was killed and two others were wounded by the gunman. investigators now know how the crime happened but not why. >> abc news has the latest from lax. >> reporter: investigators say the 23-year-old paul ciancia

walked up to the check point, pulled out a assault rifle and shot the officer at point blank range. he made a conscious decision to kill multiple tsa employees. >> he realized hernandez was still moving the fbi says ciancia returned, killing him, and wounded two more officers and a teacher. >> he saw the gunman. he felt his leg go, turn into jelly. >> police shot ciancia four times, discovering a hand written note describing how he wanted to instill fear on your traitorus minds. which is detailed further on cnn >> he said if i just kill one, my mission is accomplished >> paul is their son, and brother. we'll continue to love and care for him. >> reporter: detectives combed through his southern california apartment and other residences, trying to determine what set him

off. classmates describe him as a loner. a former roommate says he was a nice guy. >> going back to jersey, working for his dad, making amends can family problems >> now, the attorney general says they may have to rethink airport procedures >> it's something we need toechl yammin given what happened in los angeles. >> reporter: investigators found five magazines of ammunition at the crime scene the alleged gunman is now unresponsive in the hospital. if regaining consciousness, co face the death penalty. there has been another fatal accident in san francisco last night on market and octavia streets. the impact threw a wheelchair 40 feet on to the onramp. the disabled man died

the driver, who witnesses say had a green light, stopd and cooperated with investigators. in san ramone, police investigating an accident after a man was hit by a car around 6:00 this morning walking on stone leaf near, and south wedgewood roads the man taken to john muir medical center. >> crews rescued two dogs fighting a house fire in san leandro. they found 50 marijuana plants inside of the home. you can see dogs here in this picture. neighbors say they heard an explosion this morning the cause remains under investigation. police have not made arrests in connection with the marijuana grow. a unique and artful shopping experience opened near union square. it's a pop up store by art.com. the store features rotating exhibitions and features cleksz by artists

including rix ray. >> it's a first time we've done a brick and mortar space on our own. we're excited about the opportunity to showcase our art. our art prints are are cure yated collections as well as other merchandise. >> the store will be opened through january. >> the old bay bridge troll has a new home for now. the troll will be installed tomorrow morn hadding in oakland museum of california it will be on display through february the troll created by a local artist, also an iron worker and welded it to the old eastern span in damage. there is a new troll. >> hope you had a nice weekend weather was cooperative. >> yes. spencer christian is in store now.

>> it's pleasant as you can see. no clouds around. there are sunny skies and a mild day. we've got pattern of mild afternoons and chilly early mornings coming our way. we're in that pattern now. there is a frost advisory in effect overnight from 3:00 a.m until 8:00 a.m . low temperatures dropping into low to mid-30s over the area z that means possibility of damage to sensitive plants as well as a chill to sensitive skin. so bear that in mind a look along embark daro sunny skies, 64 in san francisco now. mid 60s in oakland. los gatos is 57. half moon bay getting cool there now. how about this live view looking towards mount diablo. sunny skies and low 70s now. napa, 73 novato. upper 60s in fairfield and concord. another live view down at ocean beach from mount tam. no clouds around. clear this evening. late

evening hours, temperatures dropping into range from mid 40s to low 60s overnight. chilly into early morning hours. lows from 34-46 but mild, low 60s on the coast. mid-70s inland. there is more on the way. i'll vavt coming up later. dan, carolyn? >> spencer, thank you. still ahead at 4:00 pro football player suspended for bullying the threatening messages a former player says he got from a teammate. >> plus, caring for a child now costs more than paying for college. where california ranks. >> new at 4:30 a divided community. east bay city wants to put restrictions on gun dealers. >> michael finney taking your questions now. you can contact michael on facebook.com/michael finney abc7 and on twitter. >> it's monday. evening commute no fun for the folks on lefthand side of the screen. looking live at the san francisco sky way,

they're trying to get on to the bay brifrj, inching along. stay with us. abc7 news at

miami dolphins and nfl promising into an investigation into the inappropriate behavior of stanford martin. last month, the dolphins suspended a player after he reportedly sent text messages and voice mails to

martin that were quote, threatening and racially charged in nature. the head coach refused to address today >> any type of conduct, behavior, that the detracts from that objective is not tolerated >> our sister network reporting alleged harassment has gone on for months. martin's representatives released a voice mail claiming it's from incognito. coming up at 5:00 former 49er mike and our own mike shumann will share what life is like in the nfl. houston texans head coach gary kubiak will remain hospitalized after collapsing on the field in half time after last night's game with the costs

officials say he experienced dizziness and light headedness as he left the field he is alert but they're in the saying what caused this problem the 52-year-old is a former quarterback and once the 49ers quarterback coach. he's in the 8th season a fort finds child care is more expensive than a college education. the nonprofit group child care aware says the cost rose 3% nationwide. the report says day care is now more expensive in nearly two thirds of the country than yearly tuition and fees. massachusetts had highest costs, at 16,500s aids year. california ranked 9th at 12,000 per year >> it's a lot of money. >> twitter raises its ipoz black berry gives up trying to find a buyer. >> emily chang is here now with this afternoon's after the bell report. hi, emily. >> good afternoon, just days

ahead of it's expected public debut, twitter raised the price range from stock offerings planning to sell shares at 23ss today $25 a piece, up from an earlier range but that might not even be high enough. two people in the matter tell bloomberg the deal is several time oversubscribed black berry efforts to sell itselves to fallen apart the company will try to raise # million in financing the struggles don't end there the current ceo left the company and will be replaced by form former -- john chen. >> in honor of the faa's approval for in flight use,

amazon is giving a discount on kindels and e readers. >> your bloomberg silicon valley index closing higher led by a gain in adobe and apple shares apple's new ipad air hit stores on friday. we're awaiting numbers on how well the product sold, at and t made the offering a hint the phone company says ipad activations incluesed 200% over three days, compared to last year's launch weekend. from bloomberg studios in san francisco, dan, carolyn, back to you >> thank you so much. >> at white house, chicago black hawks visited to celebrate their second stanley cup title in four seasons. >> yes. the commander is a fan of all things chicago sports. >> congratulations again. i am

term limited. so, you guys have to get moving. >> white house sent out a tweet with that quote and hash tag sweet home, chicago. >> that is cute. the president and mrs. obama call the windy city home and where they started their family. >> i love that line, i'm term limited >> cute. >> all right. spence jer here now with a look at the forecast >> i wish i sdrnt a limit on this weather condition. weather patterns. this is an amazing pattern. first week of november, mild, almost late-summer like weather. here is a look at live doppler seven hd. temperatures above 70 degrees in many locations about as mild as you can imagine for a early november day. here is a live view over san francisco. basking in the sunlight. forecast will be clear and chilly. clear, sunny mild next few days. cloudier and cooler and a chance of rain by

next monday. but let's worry about that on sunday. radar showing a big ridge of high pressure, dominant feature in our weather bringing us mild weather through mid week. and then, it will be gradually cooling down. our forecast starts at 7:00 this evening, notice overnight into tomorrow, still, sunny skies, high clouds moving through on wednesday. wednesday is expected to still be a rather mild day. we won't start get cooling until later in the week. let's take a look at tropical conditions in mexico this, is a picture yesterday. tropical storm sonia pounding portions of southwestern mexico but storm has fizzeled out now, and no longer a tropical storm. it's still windy. and gusty in that region. but heavy rains and tropical components of the storm have disappeared. back to the bay area, clear and frosty. low temperatures dropping into low to mid-30s. a frost advisory for much of the

region. remainder of the bay area will be cool to chilly. lows into low to mid 40s and some upper 40s into milder spots. tomorrow afternoon, quite mild. south bay temperatures under sunny skies mainly low 70s we'll see 70 in santa clara. 72 in morgan hill. peninsula, upper 60s to around 70s. 69 redwood city. 70s in mountain view. low to mid-60s on the coast. low to mid-70s above the north bay. 73 napa. 72 fremont. inland east bay, low to mid-70s. 74 walnut creek and livermore. here is the accu-weather forecast. milder on wednesday, there will be gradual cooling thursday, friday. then clouds thicken over the weekend and turning much cooler sunday and monday. monday is veteran's

day and there is a chance of rain. >> g thanks spencer >> coming up next, actress michelle pfiffer admits she belonged to a cult. the bizarre rules shea she had to follow. >> then a vacaville baby will get surgery she needs. lessons her parents learned that

p welcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

michelle pfiffer revealed she once belonged to an unusual cult. the 55-year-old fell in with a couple. a way of life called breathe yarinnism. she says she broke away after her first husband introduced her to cult deprogrammers while doing research for a movie. >> strange. >> there will be a new judge tonight on "dancing with the stars". how about cher? >> remarkable. the clebts -- celebrities are thrilled with this change up. >> i'm going to figure out where her dressing room s i may ask for an autograph. i've been a

fan since sony and cher and half breed i will tell you there are songs that i will scream outloud.. >> i just want to see her. i want to look at her. there is cher. >> is that what you're going to be like? >> yes. hi, cher. yes. >> i know. me, too. >> whatever dance training is, she knows how to perform. >> i'm going to say some of my wardrobe is inspired by what cher used to wear like see through body suits. >> what qualifies cher to judge a ball room dance competition? >> she's been performing for years. she's a performer. she brings quality to the show as the rest of the judges. >> she most certainly is qualified to judge entertainment and passion and emotion. and

just, i mean she's got a good eye for what looks good. >> i just think the comments are scores. >> along with her judging cher will be performing two songs tonight. at the end of the evening, someone will be sent home. in los angeles abc7 news. >> and who will it be? who goes home? two hours of "dancing with the stars" begins at 8:00 followed by "castle" at 10:00. >> still ahead at 4:00 gun control. restrictions one east bay city wants to put on dealers the controversial votes suspected tonight oochlt new internal memos reveal problem was the government health care program not limited to the web site. >> and a college student caught between two buildings nearly two days the rescue operations to to those who've worried... suffered in silence... hoped...

and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com.

tonight city council of pleasant hill will decide whether to impose restrictions on gun dealers in their town. >> vic lee is live with the story tonight. vic?

>> reporter: in two and a half hours, pleasant hill's city hall meeting will begin the debate boils down to rightfully or not, that fundamental issue of gun control in the second amendment. the e mails have been pouring into city hall, many, from out of town. for and against the controversial gun store ordinance. in the wake of the shooting at los angeles international airport, emotions may run higher for advocates of gun control. the debate will happen here in the small community of roughly 34,000 people. >> it's a matter of public safety the community for a city to take action before something unfortunate happens. >> reporter: mayor harris authored the ordinance,

restricting where new gun stores will be located. >> comes up with sane and reasonable distances from a firearms dealer to schools and residences. parks, playgrounds. large day care centers. >> reporter: gun dealers would have to get a police permit, check employee back grounds and monitor firearm and ammunition sales. >> we have aly lowe crime rate we just don't have any problem that's this ordinance purr for thes address. >> reporter: councilmen jack weir is a long time member of the nra and against the ordinance. >> it's a national movement to enact gun control. proposed by people who are basically against any private citizen having guns. >> reporter: mayor harris says the handful of gun stores will be exempt from zoning restrictions and won't feel much impact of the ordinance. but at

least one store owner fears he'll have to hire another employee just to keep track of sales. as the ordinance requires. vic lee, abc7 news. >> tonight's meeting at pleasant hill city hall begins at 7:30. a large crowd is expected. >> the city of san jose is helping residents ease into the styrofoam ban. they meet with alternative food container venues and learn about how they're affected. chain restaurants are the first to make the switch. in 2015 the man extends to all other restaurants and street vendors. >> memos show that many people trying to sign up for obamacare have faced same saddam hussien lob problems as people using the web site because a trained representative are using the same system. they show

applications go through the same portal the web site has been plagued since it launched. obama administration has brought in tech experts to help and promises it will be fixed by the end of the month. >> google executive chairman says wide spread u.s. government spying will be outrageous. he told "wall street journal" google registered complaints with national security agency, president obama and members of congress he is currently in hong kong where he spoke about his company's efforts to increase internet access in north korea. >> we're trying to convince the government to open up to a little bit of the internet torch get started for benefit of the country and benefit of the government and citizens, health of the citizens so, forth. >> he says he's not certain whether efforts had impact on

the government . a german magazine is reporting 1dzs billion worth of art found in a munich apartment two years ago surrounded by garbage and rotting food the works are by picasso, matisse and some pieces seized from jewish owners officials declined to comment on why it's taken so long to come to light. >> a college student doesn't remember getting trapped between two buildings for 36 hours he was jammed inside of a two-foot space security found him yesterday over 90 minutes crews worked to free him. it was a tight squeeze they had to give him oxygen while cutting cement around him. authorities believe he fell from his room. his friends say they

had to ask security to search for him after they reported him missing saturday night. they are happy, of course now that he were so persistent. >> they would not have found him who knows how long? he would be probably dead now. >> asher broke several bones including a fractured pelvis is he listed in fair condition. >> that is odd. >> still head at 4:00 new research about hpv vaccine. how effective certain doses are. >> first, may be no shade november, but some famous beards cut for a good cause today. >> i'm michael finney. i'm taking your questions on twitter and facebook. i'll answer your questions here live in, just a little bit. >> i'm spencer christian. sunny skies at golden gate this, mild

november 4th winds down but it's going to be chilly overnight i'll have the accu-weather forecast coming up. >> and another view of the golden gate now. taking a look at traffic which is moving quite well in both directions. ♪ ♪ ♪ i ♪ know i can't deny... ♪ that i got a new feeling ♪ deep inside... ♪ [ female announcer ] with five perfectly sweetened whole grains... you can't help but see the good.

in a pwow!ct world every man would look like johwow!amos. and in a perfect world, what's delicious would be healthy too. wish granted. dannon oikos greek nonfat yogurt. sounds too good to be true... it's thick, creamy but 0% fat and twice the protein. huh..! where did stamos go? he's here, the oikos are on him. this really is too good to be true! dannon oikos greek nonfat yogurt. too delicious to be so nutritious. ♪ dannon. >> two top players of the boston red sox are coming clean for a good cause, they had beards

shaved today to benefit victims of the boston bombings in april. the shavoffs occurred in boston. gillit donated to the fund. >> the sox are shaving other guys growing out their facial hair for no shave november, also known as movember. yahoo searches spiked 1500% over just the past week. some men do it for fun, but others it's part of a campaign to raise money for men's health care. the movember foundation encourages participants to grow out their mustages, and then ask friends and family to donate to causes including prostate and cancer research the most searched for look is

ever popular handle bar mustache. do you remember that? followed by fumachu mustache. and then, aha, another look, 1980s-style the tom selleck mustache. he wore in the show "image number pi ". i always wanted one of those. >> look at the spencer christian mustache. >> i think it's borrowed from spenc spencerin mustache. we'll see temperatures dropping overnight, tomorrow, active weather picture, rain from great lakes down into mississippi valley and into plains and texas. snow in parts of western south dakota and eastern wyoming. but sunny

skies over the southwest. mainly sunny skies across california tomorrow with exception of eureka. you may see clouds and light showers there otherwise, sunny and mild up and down the state. here in the bay area after a frosty morning start in spots it's going to be a nice sunny, mild afternoon. high temperatures tomorrow into low to mid-60s on the coast. we'll see upper 60s to near 70s around the bay. low to mid-70s inland up into the north bay valleys and south bay, low 70s tomorrow, nice, mild november 5th tomorrow. we'll cool down later in the week. for next couple days just stunning, beautiful, and mild. >> can't beat it. >> coming up why you shouldn't light up at the gas pump. a terrifying incident caught on camera, next. >> i'll fight this until the end i told her, i'm fierce. it's my child. a couple's bet battle

against their insurance provider to save their daughter's life. what they want others to know,

a man in georgia faces criminal charges for setting his wife on fire. warning we're going to show you video you may find disturbing. he was talking with his wife in clarksville, georgia. he flicked a lighter the fuel vapor erupted catching the 31-year-old on fire, she has burns on much of her body. he was treated for minor burns he's being charged with misdemeanor reckless conduct. >> checking healthy living news a study suggests there may be a simpler, cheaper way to fight hpv. the disease that can cause cervical cancer. rechers say a

single dose may be enough to ward off cervical cancer. right now it's recommended to 73 doses of the vaccine before becoming sexually active. research shows a third of the u.s. girls received recommended three doses. a vacaville baby will undergo life saving heart surgery after a a frustrating battle with the insurance company the hmo refused to let the surgery go forward at childrens hospital, which is not in their network. what the family hopes others can learn. >> some day, little aria schilling will learn why no one should mess with her mom.. >> i said i don't think you realize whoi am, or how i am. i will fight this until the end i told her, i am fierce. it's my child i am fierce. >> that is what bridgit told the case manager at western health advantage. the hmo said aria

couldn't have heart surgery because the center is outside of the network. the girl's parents chose the surgeon and hospital on the advise of their doctor ask convinced alternative their insurer offered was not good enough. on friday, they got the news an independent review agreed, writing kwoeshths i have determined the requested services are medically necessary. goes on to conclude, quote, health plan denial you should be overturned >> it's surreal. i had to pull off on the side of the freeway and was losing i had relief >> it was a tough one. a long, tough road but made me realize that we shouldn't have stopped. >> they hope others will realize there are options if denied treatments. the schillings filed appeals that were denied. next stop is california department of managed health care. >> and what happened in our

case? they found enough discrepancies between individual doctor notes and plans. that sent it out because there was kind of a red flag on wait a minute. it was significant enough to not be comparable. >> but schillings had to do their home work. it's scaring them to think what could have happened if they hadn't learned a lot in a short amount of time. >> learned a lot about congenital heart defects. and health insurance plans. and we're all learning now about health insurance plans. >> they're learning valuable lessons the date has yet to be set but she's expected to have several weeks of recovery after the operation and might even need additional procedures. wish her well. >> the government about to take steps to make air travel easier for passenger was disabilities.

department of transportation requiring airlines and airports to make ticketing and baggage tagging kiosks accessible to those with disabilities. starting today, american airline customers able to keep ipods and kindels going from gate to investigate. authorities extended the use of the devices they need to be in airplane mode but can be on. larger items will need to be stowed during taxi, takeoff and landing. >> i'm happy about that. >> yes >> michael finney is here answering questions sent to him. first up, jennifer asked how do you know if the college my son attends is giving him his money's worth? >> so glad you're asking. nobody asks that, hardly. everyone complains, but just says if they

charge a lot it must be a betser education. there is very few measurements on this. where you can compare apples and apples but there is one that is worth checking into it. it comes out of the department of education. out of the white house. and they have six criteria. can they pay bills back? student loan bills back? it's a great measurement of did they get a job? so, it's excellent. a good place to look we'll have a link on any web site oochlt my bank charging me fees of $50 per month two years because my account is less than required minimum. they say a agreed to keep a minimum of $6,000 in the account. are they allowed to do this. >> i want to be your bank. $50? they can do. that they're allowed. because you signed up

for a fabulous deal at $6,000 a month, they probably have other requirements they give that to you free. they probably have other services but they wanted to keep it just for people that would do. that they tack on these fees to try to separate people from other people. the bottom line is that they're allowed to do it. they can do whatever they want from this. i would suggest you call and say i would like to see what i signd and compare to other banks just ask your bank going i'm not going keep six grand in there what are options? it's probably going to be $6 to $eight a month. >> that is crazy. >> yes. like you said, negotiate over that. >> argo asks do you have suggestions for lower cost dental services? >> great question. here in the city of san francisco, we have two major dental schools we have ucsf, university and then, we have university of

pacific school of dentistry. they're both in the city. both take insurance. both of them charge about 40% less than you would receive at a normal dental office z they also have free services as well depending on income and veterans as well. >> great services. there >> great idea thanks. >> coming up next california's biggest casino just hours away from opening in the north bay. a live report and concerns about traffic in the area. >> coming up at 5:00 getting into gear. ride sharing gaining traction but questions over how safe it s plus, raising big top. and the safety to those who've waited... worried... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health.

welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. ♪ ♪ some mone deposit a check, transfer some money. so it's your uncle's turn. what? wait, wait, wait... no, no, no, wait, wait. (baby crying) so you can deposit a check... with the touch of a finger. so you can arrange a transfer in the blink of an eye. so you can help make a bond... i got it. that lasts a lifetime. the chase mobile app. so you can.

state department sending people from washington to the

abc7 hiring event. the retailer jos yef a bank is hiring. 500 jobs will be up for grabs tomorrow between noon and 4:00. after a decade of debating, meeting and promising great resort and casino opens tomorrow. they're predicting it will bring in 10,000 more cars per day. wayne freed man looks inside and joins us now from the state's newest casino. wayne? >> reporter: this place went up fast, hard to believe a year ago i would be standing in what used to be a cow pasture. let's take a look sievenltd it looks like an a nevada gaming casino inside. it is indian gaming like the state has never seen. $800 million in costs. 150 gaming

tables. could generate $500 million in revenue within three years, creating 2000 new jobs, some are local business ventures. the best back story might be a family owned mexican restaurant that came to america 25 years ago, began with a food truck. now, he told us they have this opportunity. >> there is a risk. but we're excited. it's a challenge. >> you might call it a case of gambling on multiple level buzz not once you taste the food. it's pretty darn good. back live this ka seen yes scheduled to open at 10:00 a.m tomorrow morning. california patrol expressed concern about traffic getting here the general manager says he trusts californians to know how

to drive. there is a rumor people will be lined up tonight to be the first people into the casino tomorrow we'll see. live, wayne freedman abc7 news. >> we'll have that story for you tonight at 11:00. thanks for joining us for abc7 news at 4:00. abc7 news at 5:00 begins right now. >> first shot that hit andy dropped him. >> coming up, revelations about a teenager shot and killed by a sheriff deputy as the parents speak up for the first time. >> also at 5:00 arsonist police say tried to blow up a fraternity house. a former stanford football player and fire storm about bullying in the nfl. you're going to hear from mike shumann. >> i'm sandhya patel. live on the roof of the kgotv broadcast center, where an advisory is

going up. >> jail house unloaded. into a way, i mean, say it's reckless doesn't come close. >> that is the attorney for the family of andy loep yechlz the 13-year-old shot and killed by a sheriff deputy in santa rosa. good evening, i'm dan ashley. >> i'm cheryl jennings today the parents of andy lopez filed a federal lawsuit claiming the deputy exceeded police authority. >> we are in the newsroom with the developments on this. >> here is that report. the autopsy performed by j chappen, working under contract as snoenla county's pathologist 15 years the family wants the fbi to do its own autopsy. >> i'm going to shoot first, ask questions later. >> the lawyer representing the family of the 13-year-old from

santa rosa says the case is racial profiling. >> he assumed a mexican american kid is a gang member dressed like a gang member. >> this attorney told reporters in san francisco, the boy was on his way to a friend's house to return his soft air rifle, which he borrowed the county of sonoma saying statements in the claims alleging that the sheriff encourages deputies to prematurely shoot suspects are absurd and false. lopez was shot and killed october 22nd in broad daylight. two deputies spotted the teenager walking. one of them, eric gelhaus told investigators he mistook the plastic rifle for a real ak 47. gelhaus says he feared for his life and those around him. the family ordered its own autopsy found the first shot fired brought the 13-year-old down. >> it went through